Grounds of Bail in Criminal Offenses in India: Eligibility, Conditions, and Legal Insights
Introduction
- We have often heard the term "Bail". But it is frequently misunderstood or not adequately understood. It is very common in the legal world, but what does it mean in the judicial system of our country? Bail is governed under the BNSS, which replaced the CrPC. It is a string that ties an individual's right to freedom and the safety of the general public.
- Bail is the release of an accused person who is under custody. It is a temporary release. It is granted with conditions, usually, to ensure that whenever they are asked to appear, they do. Personal liberty is a fundamental right in the Indian Constitution enshrined under Article 21. It states that no person shall be deprived of life or liberty, except by due process of law.
- The CrPC does not have an explicit definition of bail. However, BNSS defines bail under section 2(1)(b) as the release from legal custody, under certain conditions, of an accused or a person suspected of committing an offence. Bail is not only letting someone be free; it is based on the principle that a person is innocent until proven guilty.
- Justice Krishna Iyer stated in the judgment of State of Rajasthan v. Balchand that the basic rule is bail, not jail. According to him, the decision to grant bail is based on a combination of statutory provisions, the facts of the case, and circumstances.
- In the case of Dinesh M.N. v. State of Gujarat, the Supreme Court held that the grounds on which bail is granted and canceled are distinct. Bail isn't guaranteed, especially in cases of a higher degree of severity.
Grounds for Granting Bail in India
- Nature of the Offence: Offences are categorized into two categories, which are bailable and non-bailable. The CrPC/BNSS categorizes offenses into bailable and non-bailable. In the CrPC, 'bailable' and 'non-bailable' are defined under section 2(a), and in the BNSS, they are defined under section 2(1)(c). Bailable offences are those where the accused has the right to be released on bail, whereas non-bailable offences are those where release on bail is at the discretion of the court. In bailable cases, the police are obligated to release the accused on bail, whereas in non-bailable cases, bail is granted only by the court. The principle that "bail is the rule and jail is the exception" was first laid down in State of Rajasthan v. Balchand (1977), and was later reinforced and expanded in Gudikanti Narasimhulu v. Public Prosecutor (1978), where the Supreme Court emphasized an empathetic approach to social realities while granting bail, particularly to undertrial prisoners. Bail decisions are not taken lightly. They rely on a mix of statutory provisions, judicial precedents, and case-specific factors.
- Likelihood of Appearing in Court: The condition of appearing in court during the trial on the dates of hearing or upon being called by the court is a type of mandatory condition furnished by the courts while granting bail. Where there is an element that the accused may abscond or seek to avoid the court in any way, then bail is not granted.
- Risk to Public Safety or Investigation: If releasing the accused could harm others or derail the case, bail is less likely to be granted. For instance, if there is evidence of a threat to witnesses or tampering with evidence, courts will deny granting bail.
- Criminal History: When an accused has a clean record and is a first-time offender, it generally works in their favor. Conversely, if the accused has a history of repeated offenses, bail is less likely to be granted in such cases.
- Possibility of the Accused Influencing Witnesses: If the accused holds a position of power or influence, courts check whether their release may compromise witness safety. In such circumstances, the likelihood of granting bail is less. In the judgment of Ajit Kumar v. State of Punjab and Haryana (1995), bail was canceled for the deceased's mother-in-law and sister-in-law because they tried to influence the witnesses.
- Delay in Trial: This also factors into the bail decision if the accused has been imprisoned for an extended period without a significant trial process. In Babba v. State of Maharashtra (2005), the Supreme Court laid down that the accused shall be granted bail if there is an undue delay in the trial.
- Age, Health, and Gender of the Accused: Bail may be more easily granted to minors, women, the sick, or the infirm as per the proviso of section 480(1), BNSS.
- Strength of Evidence: If the evidence is weak or the inquiry is incomplete, bail becomes more probable. Section 167(2) of the CrPC even provides for "default bail" when the police do not present a charge sheet within 60 days for offenses carrying a sentence of up to 10 years, and within 90 days for offenses carrying a sentence of 10 years or more. It depends completely on the severity of the offences. The default bail is addressed under section 187(3) of the BNSS. In Hussainara Khatoon v. State of Bihar (1979), the Supreme Court ordered the release of undertrial prisoners who had been detained for periods exceeding the maximum sentence for their alleged offenses, emphasizing the right to a speedy trial and the principle of fairness under Article 21.
- Anticipatory Bail Considerations: Anticipatory bail is dealt with under section 438 of the CrPC and section 482 of the BNSS. It is the kind of bail that is applied for before an arrest on a non-bailable offense. It aims to avoid unjustified detention.
When Bail is Denied?
- High Flight Risk: If the accused has the means to flee, courts tend not to grant bail.
- Threat to Justice: If the court believes there is a risk of tampering with evidence or intimidating witnesses, bail may be denied.
- Grave Offenses: For crimes such as terrorism or murder, bail is rarely granted unless there are exceptional circumstances.
- Bail Misuse: If someone violates bail conditions, such as failing to report to the police, courts can revoke or cancel bail. State of Maharashtra v. Mohd. Shahid N. Qureshi (2001), an accused who was earlier granted bail but violated its conditions and jumped bail, was later granted bail again after being taken into custody. The Supreme Court held that granting bail to a person who has previously misused their liberty is erroneous.
Conclusion
We have learned about the grounds that are considered before granting bail. These factors reflect a system striving for justice in the most pragmatic way. Rooted in procedural law, these principles of bail are guided by the Constitution of India, with the basic aim of protecting both the individual and society at large. Bail stands as a vital safeguard of personal liberty in Indian law, striking a balance between the rights of the accused and the interests of justice. Courts have consistently emphasized that 'bail is the rule and jail is the exception,' reinforcing that liberty should not be curtailed without sufficient reason. Recent judgments, such as Arnesh Kumar v. State of Bihar, have further strengthened the framework, ensuring that arrests and detentions are exercised with caution. Ultimately, the grant of bail reflects a commitment to justice, dignity, and the presumption of innocence until proven guilty. To know more about bails, click here.
